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Traffic Law Update: Leaving the Scene of the Accident

The 2019 Act is designated as “C.J.'s Law.” It makes changes to the vehicular homicide and serious injury by vehicle statutes and associated laws dealing with license suspension issues.

It makes structural changes to the serious injury by vehicle statute by adding as subsection (a) a definition of bodily harm. It then breaks the offense out into two parts. Subsection (b) restates the prior offense of serious injury by vehicle as causing bodily injury to another person while committing an offense of DUI or reckless driving. Subsection (c) basically makes hit and run a felony where another person sustains bodily injury.

Subsection (b) carries 1 to 15 years in prison, while subsection (c) carries 1-10 years.

There is an exception for subsection (c) where the parties exchange insurance information prior to the person leaving the scene.

A conviction of O.C.G.A. § 40-6-393(a) or O.C.G.A. § 40-6-394(b) will result in a three years license suspension. Such suspension will not be eligible for early reinstatement or a limited driving permit.

2019 – 2020 SB 1 / OCGA 40-6-394

Sean A. Black

Sean A. Black is a 1992 graduate of the Emory University School of Law. He has been in private practice in Toccoa, Georgia since June 1, 1992.

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